HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59301
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PLANNING COMMISSION RESOLUTION NO. 5930
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF THE POINSETTIA COMMUNITY PARK ON
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE, SOUTH OF PALOMAR AIRPORT ROAD AND
NORTH OF CAMINO DE LAS ONDAS IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: POINSETTIA COMMUNITY PARK
CASE NO.: CUP 05-12
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of the west half of Section 21, Township 12 south,
Range 4 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, according to United States
Government Survey; Lot 8 of Carlsbad Tract No. 72-23,
according to map thereof No. 7683 filled in the office of the
County Recorder of San Diego County June 29, 1973; Those
portions of Lots 3 and 4, in Section 21, Township 12 south,
Range 4 west, San Bernardino Meridian, according to the
official plat
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “J” dated October 7, 1992, on file in the Planning
Department, POINSETTIA COMMUNITY PARK - CUP 05-12, as provided by Chapter
2 1.42 andor 21 SO of the Carlsbad Municipal Code; and
WKEREAS, the Planning Commission did, on the 3rd day of August 2005, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP; and
WHEREAS, on August 3,2005, the Planning Commission approved CUP 05-12,
as described and conditioned in Planning Commission Resolution No. 5930.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES POINSETTIA COMMUNITY PARK - CUP 05-12, based on the
following findings and subject to the following conditions:
Findings:
1.
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5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located. The continued operation of the community park is
compatible with surrounding development, provides adequate landscape buffers
and setbacks, protects natural open space, accommodates the trail system, provides
quality park facilities and recreational programs to ensure that residents of the City
are afforded the opportunity to enjoy the optimum leisure experiences, both active
and passive. The community park is not detrimental to the existing uses or to uses
specifically permitted in the zone in which the proposed use is to be located since all
necessary parking is provided onsite. In addition, the lights for the active sports
fields would remain on in the evenings no later than 1O:OO PM and light spillage and
glare on adjacent properties would be minimized.
That the site for the intended use is adequate in size and shape to accommodate the use as
evidenced by the fact that the proposal meets all required ordinances, has many
active sports facilities and still preserves natural open space areas onsite.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained as is evidenced by the property line setbacks, landscape
buffering and screening on slopes and along property lines.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use because access to the project is provided by a non-
loaded collector street and onsite circulation is facilitated by 24 foot wide driveways
that lead to onsite parking areas and can accommodate two-way traffic.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 1530 1 , Existing Facilities, of
the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
PC RES0 NO. 5930 -2-
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6. This project is consistent with the City’s Growth Management Ordinance, as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 20.
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project
Conditions:
1.
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6.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Conditional Use Permit.
Approval is granted for CUP 05-12 as shown on Exhibits “A” - “J” dated October 7,
1992, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
PC RES0 NO. 5930 -3-
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7.
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discretionary, in connection with the use contemplated herein, and (c)
DeveloperlOperator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
Minor additions to existing buildings or facilities and new accessory buildings
consistent with public use and enjoyment of the park may be approved by the
Planning Director without a conditional use permit amendment. Additions to
existing buildings may not exceed ten percent of the floor area of the existing
structure. New buildings may not exceed 1,500 square feet.
This Conditional Use Permit is granted for an unlimited period of time and is
retroactive from October 7, 2002 forward. This permit may be revoked at any time
after a public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public’s health and welfare, or the conditions imposed
herein have not been met.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
A detailed landscape and irrigation plan shall be submitted and approved by the Planning
Director prior to issuance of grading or building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, fiee from
weeds, trash, and debris.
PC RES0 NO. 5930 -4-
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Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
All tenants shall coordinate efforts to establish disposal programs to remove and
properly dispose of toxic and hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not
be discharged into any street, public or private, or into storm drain, or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments shall meet Federal, State,
County and City requirements as prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of the Conditional Use Permit, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No.
5930 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the
notice, which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
Water shall be provided to this project pursuant to the Water Service agreement between
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983.
PC RES0 NO. 5930 -5-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“ fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of August 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
JEFFRE N. SEGALL,Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: Lx
DON NEU
Assistant Planning Director
PC RES0 NO. 5930 -6-